HomeMy WebLinkAboutAdjustment - 2010-12-14COMMITTEE OF ADJUSTMENT
FOR THE
CITY OF KITCHENER
MINUTES OF THE REGULAR MEETING HELD DECEMBER 14, 2010
MEMBERS PRESENT: Ms. J. Meader and Messrs. D. Cybalski, B.McColl, A. Head and A.
Lise
OFFICIALS PRESENT: Ms. J. von Westerholt, Senior Planner, Mr. J. Lewis, Traffic &
Parking Analyst, Mr. B. Bateman, Senior Planner. Mr. G.
Stevenson, Planner, Ms. D. Gilchrist, Secretary-Treasurer, Ms. M.
Burleanu, Administrative Clerk and Ms. D. Saunderson,
Administrative Clerk
Mr. D. Cybalski, Chair, called this meeting to order at 10:00 a.m.
MINUTES
Moved by Mr. A. Head
Seconded by Mr B. McColl
That the minutes of the regular meeting of the Committee of Adjustment, of November 23,
2010, as mailed to the members, be accepted.
Carried
CHAIR AND VICE-CHAIR
On motion by Mr. B. McColl
It was resolved:
That Mr. D. Cybalski be appointed Chair of the Committee of Adjustment and Mr. A. Head be
appointed Vice-Chair of the Committee of Adjustment for a term to expire November 30, 2011.
Carried
NEW BUSINESS
MINOR VARIANCE
1. Submission No.: A 2010-067
Applicant: Charalabos Andronikou
Property Location: 67 Irvin Street
Legal Description: Part Lots 3 & 5, Plan 159
Appearances:
In Support: C. Andronikou
K. Danau
Contra: C. Fournier
Written Submissions: S. Mulligan & C. Osborne
The Committee was ad vised that the applicant is requesting permission to convert a
duplex to a triplex on a lot having a width of 11.2m (36.74') rather than the required 15m
(49.21').
COMMITTEE OF ADJUSTMENT 229 DECEMBER 14, 2010
Submission No.: A 2010-067, cont'd
The Committee considered the report of the Planning Division, dated November 10,
2010, advising that the subject property is located on Irvin Street near the intersection of
Lancaster Street East and Krug Street. The property contains a duplex dwelling. The
applicant is proposing to convert the duplex to a three unit multiple dwelling (triplex).
The property is zoned Residential Five Zone (R-5) in the Zoning By-law 85-1 and is
designated as Low Rise Conservation in the City's Official Plan.
While the zone permits triplexes, the subject lot is deficient in terms of lot width. As such
in order to allow the 3-unit multiple dwelling (triplex), the applicant is requesting relief
from Section 39.2.4 of Zoning Bylaw 85-1 to permit a lot width of 11.2 metres whereas
15.0 metres is required.
In considering the four tests for minor variances as outlined in Section 45(1) of the
Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following
comments.
The intent of the Low Rise Conservation designation is to retain the existing low rise,
low density, primarily detached housing stock while simultaneously allowing a slight
density increase by permitting conversion or redevelopment to a maximum of three
dwelling units. Multiple dwellings to a maximum of three dwelling units are permitted
within this designation.
The main issue of whether the variance meets the four tests of the Planning Act can
generally be summarized by the question of whether on-site facilities can be adequately
accommodated, such as parking, landscaping and amenity space.
Section 1.6.2 v) of the Official Plan states that where minor variances are requested to
facilitate residential intensification, the overall impact of the variances shall be reviewed
to ensure that the lands can function appropriately and do not adversely impact
adjacent properties by providing both an appropriate number of parking spaces and an
appropriate landscaped/amenity area on the site.
Transportation Planning staff has conducted a site inspection, has reviewed the plan
submitted with the application, and advises that it can support three parking spaces in
the rear yard. It is noted that there is currently an illegal parking space in the front yard.
This non-complying parking space would have to be removed. In this regard and as a
condition of approval, staff recommends that a satisfactory parking plan be submitted to
Transportation Planning. Upon satisfaction of this proposed condition, staff is of the
opinion that adequate parking can be provided.
Under the R-5 zoning, a triplex must have a minimum lot width of 15.0 metres and a
minimum rear yard of 7.5 metres. This would allow a minimum rear yard amenity space
of 112.5 square metres. Although the proposed lot width is 11.2 metres, the rear yard is
approximately 11 metres (not including the parking area), which equates to a rear yard
amenity area of 123.2 square metres. As such, staff is of the opinion that adequate rear
yard landscaped/amenity area can be provided on the site. This however, would have to
be verified through a site plan, which is required for any triplex dwelling. The zoning
requires a minimum landscaped area of 20%.
The variance is considered desirable because it will not alter the appearance of the
dwelling from the street line and the character of the neighbourhood will be maintained.
The proposed parking arrangement is appropriate for the development and the use of
the land as a triplex dwelling building is appropriate.
The Committee considered the report of the Region of Waterloo Transportation Planner,
dated November 22, 2010, advising that they have no concerns with this application.
The Committee considered the written submission of neighbourhood residents in
opposition to this application.
COMMITTEE OF ADJUSTMENT 230 DECEMBER 14, 2010
Submission No.: A 2010-067, cont'd
Upon questioning, Mr. K. Danau advised that he has read the staff report and agrees to
the recommended conditions.
Respecting questions about the driveway, Mr. Danau advised that the easement is only
for the driveway and all parking for the triplex is located in the rear yard.
Mr. Fournier advised the Committee that currently this property operates as a lodging
house and not a duplex; as there are several unrelated people living at this address. He
stated that this area has too large a concentration of absentee landlords. The
concentration of problem properties in this area is extremely high and the police are in
this area all the time. Mr. Fournier noted that the basement unit at the subject property
was closed down by the Fire Department because it does not meet their requirements.
The Committee members discussed the adequacy of the driveway as it is quite narrow.
Ms. von Westerholt advised that this driveway has been inexistence for a very long time
and there has never been a problem with it. Further, because of the age of the
property, this driveway has been grandfathered.
Moved by Mr. A. Head
Seconded by Mr. B. McColl
That the application of Charalabos Andronikou requesting permission to convert a
duplex to a triplex on a lot having a width of 11.2m (36.74') rather than the required 15m
(49.21'), on Part Lots 3 & 5, Plan 159, 67 Irvin Street, Kitchener, Ontario, BE
APPROVED, subject to the following conditions:
1. That the owner shall provide a parking plan showing accurate dimensions of the
parking layout and vehicular access to and egress from the site, to the
satisfaction of the Director of Transportation Planning. The said plan shall
illustrate a total of three legal, on-site parking spaces located outside of the
driveway visibility triangle.
2. That the owner shall obtain a building permit from the City's Building Division for
the proposed conversion of the building from a duplex to a triplex.
3. That the owner shall obtain an Occupancy Certificate from the Planning Division
for the 3 unit multiple dwelling.
4. That the owner shall submit a landscape plan to the satisfaction of the
Supervisor of Site Plan Development and shall agree to implement such plan
within one year of approval of the Committee of Adjustment Application A2010-
067, being December 14, 2011.
5. That the owner shall remove the non-complying parking space in the front yard
by June 2011 and replace it with approved landscaping to the satisfaction of the
Supervisor of Site Plan Development.
It is the opinion of this Committee that:
1. The variance requested in this application is minor.
2. This application is desirable for the appropriate development of the property.
3. The general intent and purpose of the City of Kitchener Zoning By-law and
Official Plan is being maintained on the subject property.
Carried
COMMITTEE OF ADJUSTMENT 231 DECEMBER 14, 2010
2. Submission No.: A 2010-068
Applicant: Primeland Developments
Property Location: 150 Banffshire Street
Legal Description: Lot 29, Registered Plan 58M-347
Appearances:
In Support: R. balling
Contra: None
Written Submissions: None
The Committee was advised that the applicant is requesting permission for a single
family dwelling, under construction, to have a westerly side yard of 1.1 m (3.6') rather
than the required 1.2m (3.93') and a rear yard of 7.43m (24.37') rather than the required
7.5m (24.6').
The Committee considered the report of the Planning Division, dated December 3,
2010, advising that the subject property is located at 150 Banffshire Street and is
developed with a foundation for a single detached dwelling. The property has
approximately 11.5 metres of frontage, an area of approximately 344.2 square metres.
It is zoned Residential Three (R-3), Special Regulation 341 R and has an Official Plan
designation of Low Rise Residential. Special Regulation 341 R permits the minimum lot
width for single detached dwellings to be 11.5 metres. Relief is being sought from
Zoning By-Law 85-1, Section 38.2.1 where the applicant is requesting a minor variance
to reduce the required minimum rear yard setback from 7.5 metres to 7.43 metres and
reduce the side yard setback from the required 1.20 metres to 1.10 to allow for the
existing house foundation which was poured incorrectly.
In considering the four tests for minor variances as outlined in Section 45(1) of the
Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following
comments:
The variance meets the intent of the Official Plan. The Low Rise Residential
designation recognizes the existing scale of residential development and allows for a
variety of low density residential uses. The proposed development is consistent with the
intent of the Low Rise Residential designation.
The variance meets the intent of the Zoning By-law as the purpose of a 7.5 metres rear
yard setback is to provide sufficient outdoor amenity space as well as adequate
separation from neighbouring properties. It is staff's opinion that a setback of 7.43
metres would continue to allow sufficient and adequate outdoor amenity space, while
maintaining adequate separation from neighbouring properties.
The variance is considered minor as there is adequate separation from the proposed
foundation location to abutting residential properties and as such will likely have minimal
impact to adjacent lands.
The variance is appropriate for the development and use of the land as the minor
decrease in both side yard and rear yard setbacks will not negatively affect the
surrounding community or abutting property. The residents will be able to maintain
sufficient use of the rear yard which will continue to serve as adequate amenity space
for the owners.
The Committee considered the report of the Region of Waterloo Transportation Planner,
dated November 22, 2010, advising that they have no concerns with this application.
COMMITTEE OF ADJUSTMENT 232 DECEMBER 14, 2010
Submission No.: A 2010-068, cont'd
Moved by Mr. B. McColl
Seconded by Mr. A. Lise
That the application of Primeland Developments requesting permission for a single
family dwelling, under construction, to have a westerly side yard of 1.1 m (3.6') rather
than the required 1.2m (3.93') and a rear yard of 7.43m (24.37') rather than the required
7.5m (24.6'), on Lot 29, Registered Plan 58M-347, 150 Banffshire Street, Kitchener,
Ontario, BE APPROVED, subject to the following condition:
That the owner shall revise the Building Permit and the proposed home shall
comply with fire resistance measures as outlined in the Building Code, to the
satisfaction of the Chief Building Official.
It is the opinion of this Committee that:
The variance requested in this application is minor.
2. This application is desirable for the appropriate development of the property.
3. The general intent and purpose of the City of Kitchener Zoning By-law and
Official Plan is being maintained on the subject property.
Carried
Submission No.: A 2010-069
Applicant: Trung Tran
Property Location: 9 McGarry Drive
Leaal Description: Lot 10, Plan 1243
Appearances:
In Support: T. Tran
S. Tran
Contra: None
Written Submissions: None
The Committee was advised that the applicant is requesting legalization of an existing
driveway having a width of 9.3m (30.51') rather than the permitted 7.6m (24.93').
The Committee considered the report of the Planning Division, dated December 3,
2010, advising that the subject property, municipally known as 9 McGarry Drive, is
located on the south side of the street. The property currently contains a single
detached residence with an attached garage.
The applicant has requested permission for a driveway width of 9.3 metres whereas a
maximum driveway width of 7.6 metres is permitted as per Section 6.1.1.1 b) ii) e) of
Zoning By-law 85-1.
The subject lands are designated `Low Rise Residential' in the City's Official Plan and
are zoned `Residential Zone 3 (R-3)', according to Zoning By-law 85-1.
The General provisions Section of the Zoning By-law establish standards for driveway
widths. Section 6.1.1.1b) (ii) e) restricts the width of the driveway on a lot with a width
greater than 10.4 metres, to extend beyond the width of the attached garage to a
maximum width of 50% of the lot width or 8 metres, whichever is less. This is a City
initiative to help ensure that neighbourhoods have attractive and pedestrian friendly and
well landscaped streetscapes. Although the widened driveway consumes a portion of
the planned front yard, one means of mitigating the appearance of the driveway width
COMMITTEE OF ADJUSTMENT 233 DECEMBER 14, 2010
Submission No.: A 2010-069. cont'd
could be to create a physical separation between the portion of the driveway used for
off-street parking purposes, and a walkway leading to the front door of the home. By
doing this, the driveway width would remain, however the right side of the driveway
would be more suited as pedestrian space and would breakup the paving, thus making
the streetscape more attractive as well. It would more clearly define vehicular and
pedestrian space. This could be achieved through the use of stamp concrete stone or
other similar material that would run from the right edge of the attached garage to the
road and would be done so at the owner's expense.
In considering the four tests for minor variances as outlined in Section 45(1) of the
Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following
comments:
The variance meets the intent of the Official Plan. The Low Rise Residential
designation recognizes the existing scale of residential development and allows for a
variety of low density residential uses. The proposed development is consistent with the
Low Rise Residential designation.
The variance meets the intent of the Zoning By-law as the purpose of limiting driveway
width to 50% of the lot width or 8 metres is to provide for a more appropriate
streetscape and pedestrian feel. It is staff's opinion that a driveway width of 9.3 metres
would adhere to the intent of the Zoning By-law provided it is clearly divided by some
means of paving treatment to distinguish the usable vehicular side from the pedestrian
walkway leading to the front door.
The variance is considered minor as the intent of the By-law is to provide for an
attractive streetscape and front yard space, which is being maintained. There is
sufficient space available to allow adequate landscaping to be provided within the front
yard. Other examples exist within the neighbourhood and specifically along McGarry
Drive where driveways have been widened, while maintaining the pedestrian feel along
the streetscape.
The variance is appropriate for the development and use of the land as the widened
paved area will allow the residents to make a three point turn to exit their driveway
safely at a notable high traffic intersection. The minor increase in driveway width will not
negatively affect the surrounding community or abutting property. The reduced front
yard space will continue to provide sufficient space for adequate streetscaping and an
adequate pedestrian environment.
The Committee considered the report of the Region of Waterloo Transportation Planner,
dated November 22, 2010, advising that they have no concerns with this application.
The Committee considered staff's recommended condition. Ms. von Westerholt
advised that staff is looking for a distinguishing form of surface material for the sidewalk
area. The chair suggested that the surface should be raised to prevent parking.
Ms. S. Tran advised that a raised surface would cause a difficulty because the
permitted width of the driveway would end at the middle of the stairs.
Ms. von Westerholt suggested that installation of a planter flush with the garage wall
would be acceptable to staff. Ms. Tran advised that they would like to use red brick to
mimic what is currently there. She stated that they need to be able to park 3 cars in the
driveway; as they have another person living with them, who also has a car.
Mr. McColl questioned when the driveway was widened and Ms. Tran advised that the
project started in May and the driveway was laid in October. Mr. McColl then noted the
explanation of the applicants concerning the need for space to do a 3 point turn; which
to him was very logical given the busy traffic in that area. Ms. Tran then provided the
Committee with photographs of driveways in the neighbourhood that have been
widened.
COMMITTEE OF ADJUSTMENT 234 DECEMBER 14, 2010
Submission No.: A 2010-069. cont'd
Upon questioning, Mr. Tran advised that the curb cut as it currently exists was always
that wide.
The Committee members considered appropriate wording for the condition: the Chair
recommending that staff should decide on the length, width and location for the planter
to be used to separate the stairs form the driveway. Mr. McColl recommended that the
location of the planter should not prevent cars in the driveway from making a 3-point
turn.
Moved by Mr. B. McColl
Seconded by Mr. A. Lise
That the application of Trung Tran requesting legalization of an existing driveway having
a width of 9.3m (30.51') rather than the permitted 7.6m (24.93'), on Lot 10, Plan 1243, 9
McGarry Drive, Kitchener, Ontario, BE APPROVED, subject to the following condition:
That the applicant shall provide a raised physical barrier to separate and
delineate the pedestrian area from the vehicular space; these works are to be
completed by June 30, 2011 to the satisfaction of the Director of Planning.
It is the opinion of this Committee that:
The variance requested in this application is minor.
2. This application is desirable for the appropriate development of the property.
3. The general intent and purpose of the City of Kitchener Zoning By-law and
Official Plan is being maintained on the subject property.
Carried
CONSENT
Submission Nos.: B 2010-046 & B 2010-050
Applicant: Chris and Rochelle McNabb
Property Location: 814 Glasgow Street
Leaal Description: Part Lot 33. German Company Tract
Appearances:
In Support: C. McNabb
S. Patterson
E. Reimer
Contra: None
Written Submissions: None
The Committee was advised that the applicant is requesting permission to create 2 new
lots for residential use. The first lot will have a width on Glasgow Street of 49.148m
(161.24'), an irregular shape and an area of 931.6 sq. m. (10,027.98 sq. ft.). This lot will
be subject to an easement in favour of the retained land for municipal water. The
second lot will have a width on Glasgow Street of 25.042m (82.15'), an irregular shape
and an area of 929.05 sq. m. (10,000.53 sq. ft.). The retained land will have a width on
Silvercrest Drive of 24m (78.74'), an irregular shape and an area of 1974.1 sq. m.
(21,249.73 sq. ft.). The existing and proposed use of this property is a single family
dwelling.
COMMITTEE OF ADJUSTMENT 235 DECEMBER 14, 2010
Submission Nos.: B 2010-046 & B 2010-050. cont'd
The Committee considered the report of the Planning Division, dated December 6,
2010, advising that the subject property, addressed as 814 Glasgow Street, is a large
wooded lot, approximately 0.4 hectares (0.9 acres) in size and is located on the north
side of Glasgow Street at the corner Silvercrest Drive, Waterloo and Glasgow Street in
Kitchener. The lands are designated "Low Rise Residential" in the City's Official Plan
and are zoned R-2 according to Zoning By-law 85-1. The property is developed with a
single detached dwelling on private services.
This property is situated at the westerly edge of a community that is comprised of large
estate wooded lots that front onto Glasgow Street with lot widths ranging from 38
metres to 60 metres and with homes setback further from the street. Surrounding land
use is low rise residential with larger lot single detached dwellings to the north and east,
smaller lot single detached dwellings to the west and townhouses to the south located
at the corner of Westwood Drive and Glasgow Street.
The property has approximately a 3 metre difference in grades from Glasgow Street to
the rear property line. The house is situated diagonally on the lot across the centre of
the property and is currently surrounded by trees. The house is serviced by a well and
septic system, although municipal water servicing is located along the Glasgow Street
right-of-way and sanitary servicing terminates just to the east of the subject property.
Full municipal services are available along Silvercrest Drive in the City of Waterloo.
The owner is proposing to sever two irregular-shaped lots. Lot A has a proposed 26
metre frontage, 49 metres of depth with an area of approximately 931 square metres.
Lot B has a proposed 25 metre frontage, 50 metres of depth with an approximate area
of 929 square metres. The retained parcel has 24 metres of frontage, 65 metres of
depth with an area of approximately 1974 square metres. The owner is proposing to
maintain private servicing for the retained parcel and as such requires a 5 metre wide
by 14 to 15 metre long servicing easement over Lot A for access and maintenance of
an existing well. Full municipal servicing is being proposed for Lots A and B. Lot A will
front onto Silvercrest Drive and Lot B will front onto Glasgow Street.
In support of the proposal, the owner has provided a sketch showing proposed building
envelopes for new single detached homes of 233 square metres (2508 square feet).
The owner is proposing to demolish an existing indoor pool in order for Lot B to be
functional and a new driveway is required for the retained lands. These building
envelopes can be accommodated without the need for minor variances; however,
because of the lotting configurations, the proposed dwellings will be located much
closer to the street than other single detached dwellings located along this portion of
Glasgow Street.
Consent applications are assessed according to Section 51(24) of the Planning Act. In
the opinion of staff, this application fails to conform with subsections (a), (c), (f) and (h).
The Provincial Policy Statement (PPS) promotes building `healthy, livable and safe
communities', providing an appropriate mix of different land use types, efficiently using
services and facilities, maximizing opportunities for public transit use, and promoting
intensification. Staff is of the opinion that while the proposed severance promotes
intensification through infill and provides for the efficient use of services, the proposed
easement and private servicing of the retained lands is not consistent with the PPS.
The PPS requires new development to be municipally serviced.
The subject lands are located within the "Built Up Area" as established in the Regional
Official Plan and staff is of the opinion that the proposal does not satisfy all the policies
of this plan that relate to this proposal, particularly section 2.D.1-General Development
Policies. Section 2.D.1 (c) requires new development to be municipally serviced and
2.D.1. (f) requires new development to respect the character and context of established
neighbourhoods.
COMMITTEE OF ADJUSTMENT 236 DECEMBER 14, 2010
Submission Nos.: B 2010-046 & B 2010-050. cont'd
According to the City's Plan for Land Use, this property is designated as "Low Rise
Residential". The intent of this designation is to encourage a variety of housing types at
a lower intensity of use. As such, the proposed use as single detached dwellings and
density would conform to the land use designation. Part 2, Section 1 policies of the
Official Plan encourage and promote infill as a means of better utilizing the City's
infrastructure and this proposal would help achieve that goal. These same policies,
however, also want to ensure that infill does not have a detrimental impact on
established neighbourhoods and streetscapes. For example, Sections 1.53 and 1.6 of
Part 2 require new development in established areas to be sensitive to the scale,
massing, design and character of the neighbourhood. Staff is of the opinion that this
lotting plan does not conform with the scale and character of the neighbourhood,
particularly the large wooded lots along this section of Glasgow Street. This will be
discussed further in the ensuing sections. Part 2, Section 4 of the Official Plan also
discourages new development on private services.
According the Zoning By-law, the subject lands are zoned R-2. The proposed use of
property and proposed lot sizes conform to the zoning. The lotting fabric to the north
and east is large, rectangular in shape, heavily wooded with houses setback
considerably from Glasgow Street. Properties to the west along Silvercrest Drive
consist of typical single detached suburban sized lots. The lots being proposed are very
irregular in shape and, in the opinion of staff, are not in keeping with the larger
rectangular lotting pattern of the adjacent lands. Moreover, in the opinion of staff, Lot B
is too small to effectively provide a transition from the smaller lot sizes to the west to the
much larger treed estate lots located to the east along this section of Glasgow Street.
For orderly planning to occur and to ensure proper lot size transition, staff sees merit in
the creation of one lot fronting onto Silvercrest Drive, while retaining a larger lot which
will provide a gradual transition to the adjacent larger estate lots found along this
section of Glasgow Street.
One of the more definable features of the Glasgow Street streetscape is the amount of
trees on properties and the tree canopy they provide. They give the area character and
help set it apart from most other areas of the City. The lot at 814 Glasgow typifies this.
Staff is concerned this proposal will result in a significant loss of trees that will negatively
affect the character of the neighbourhood. To address this concern, the owner has
prepared a tree management plan. This plan has been reviewed the by City's
Environmental Planner. The plan reveals that to facilitate construction, grading and
filling and the need for retaining walls, approximately 15 trees (approx. 44%of the trees)
will be removed on Lot A and approximately 6 trees (approx. 60% of the trees) will be
removed on Lot B. Those trees remaining on the lots closest to construction activities
may be negatively impacted.
It is staff's preference and in the community's interest to minimize the loss of trees in
order to maintain the character of the area. In staff's opinion this could be achieved
through the elimination of Lot B and maintaining the retained lands as a larger lot.
Maintaining a larger retained parcel would also provide for a better transition in lot sizes
as noted previously. Additionally, it is recommended that a conservation easement be
placed upon the remaining trees on a reconfigured Lot A.
Full municipal servicing is a requirement of the proposed lots. The preferred option of
City of Kitchener Engineering Staff is for the westerly extension of the sanitary sewer
line 70+/- metres along Glasgow Street across the frontage of the subject property, all
of which is to occur at the owner's expense. Water servicing exists across the frontage
along Glasgow Street.
With respect to the retained lands, the owner is proposing to maintain private servicing
(septic and well) and has requested approval for an easement over Lot A in favour of
the retained lands for the location of the well. Firstly, Planning and Engineering Staff is
requiring municipal servicing of all lots as new development is required to be on
municipal servicing, according to the Provincial Policy Statement. New development,
COMMITTEE OF ADJUSTMENT 237 DECEMBER 14, 2010
Submission Nos.: B 2010-046 & B 2010-050. cont'd
according to the PPS, "means the creation of a new lot, a change in land use, or the
construction of buildings and structures, requiring approval under the Planning Act ..."
Secondly, Planning and Engineering Staff is not in favour of an easement in this
instance as it is not considered orderly planning. It is Planning and Engineering Staff's
opinion that access to and maintenance of services should be within private property
lines and should not extend beyond one's property limits unless there are no other
reasonable alternatives. In the opinion of staff, the proposed easement could be
avoided using an alternate lotting scheme.
In 2000, under application B2000-015, the owner of 734 Glasgow Street received
approval from the Committee to sever a 0.093 hectares parcel addressed as 728
Glasgow Street. 728 Glasgow Street is close in size to the proposed lots in question.
The context of that application is similar to 814 Glasgow Street: a large estate lot,
heavily wooded, located at the eastern edge of the Glasgow Street estate lot community
adjacent to a townhouse condominium development. Staff was able to support 62000-
015 because it was one lot situated at the boundary edge of the Glasgow Street
community adjacent to smaller lot development and it provided for a logical transition
from the smaller lot development to the east to the larger estate lots located along that
section of Glasgow Street. Staff sees merit in adopting a similar approach for 814
Glasgow Street. Staff would be willing to explore that option further with the owner.
In conclusion, while staff is not opposed to some form of development on the subject
lands, staff cannot support the proposal in its current form for the following reasons:
The irregular shapes, sizes and orientation of the proposed and retained lots are not in
keeping with the shapes, sizes and orientation of the larger estate lots found along this
section of Glasgow Street and therefore does not satisfy Section 51(24) (f) of the
Planning Act.
This proposal does not satisfy all the criteria listed by the respective Official Plans, as
the character of the neighbourhood will be affected negatively by Lot B. Lot B does not
provide for an adequate transition in lot size from the smaller lot development to west to
the larger estate lot development to the east. Moreover, the streetscape will be affected
as the proposed front yard setback of the single detached dwelling on Lot B is much
closer to the street than what is typically found along this section of Glasgow Street.
Therefore this proposal does not satisfy Section 51(24) (c) of the Planning Act.
The character of the neighbourhood will also be further affected negatively by the
potential for significant loss of trees and therefore this proposal, in staff's opinion, does
not satisfy Section 51(24) (c) and (h) of the Planning Act, with which staff must be
consistent when considering consents.
Full municipal servicing of the retained lands is required in accordance with the
Provincial Policy Statement as well as the Region's and City's Official Plans. Therefore
this proposal does not satisfy Section 51(24) (a) and (c) of the Planning Act.
The easement over Lot A is not considered orderly planning and can be avoided using
a more suitable lotting scheme. Therefore this proposal does not satisfy Section 51(24)
(f) of the Planning Act.
The Building Division has no objections to the proposed applications provided municipal
sanitary sewer is extended to service proposed severed lots and the following to the
satisfaction of the Chief Building Official for to the retained land:
1) Qualified Designer, Architect or Engineer is retained to complete a building code
assessment for the existing house as it relates to the new proposed property
lines and addresses such items as: Spatial separation and glazed areas on
existing building's wall faces.
COMMITTEE OF ADJUSTMENT 238 DECEMBER 14, 2010
Submission Nos.: B 2010-046 & B 2010-050, cont'd
2) A building permit shall be obtained for any remedial work/ upgrades required by
the building code assessment.
3) Civic number of existing dwelling to be changed to Silvercrest Drive address.
Engineering Service offers the following comments:
The easement shown on the plan should actually be part of the "retained lands".
That way an easement will not be required. The current area noted as an
easement should be a minimum width of 4 m for a water service and 7m for
water and sanitary services. It is recommended that the "retained lands" connect
to the City of Kitchener sanitary sewer on Glasgow St. If this land ever wants to
connect to a municipal sanitary system there will be no support to connect to the
Waterloo system off of Silvercrest Drive.
The proponent is advised that future severance of any blocks within the subject
lands would require separate, individual service connections for sanitary and
water, in accordance with City policies.
The owner is required to make satisfactory financial arrangements with the
Engineering Division for the removal of any redundant service connections and
the installation of new ones that may be required to service this property, all prior
to site plan approval. Our records indicate municipal water services are currently
available to service this property. The sanitary sewers must be extended down
Glasgow St for a connection.
The sanitary sewer is required to be extended in order to achieve a positive
outlet for the site at the owner's sole expense and to the satisfaction of the
Engineering Division prior to site plan approval.
• Any redundant driveways are to be closed with new curb and gutter and
boulevard landscaping, all to City of Kitchener standards and any new driveways
are to be built to City of Kitchener standards at grade with the existing sidewalk.
All works is at the owner's expense and all work needs to be completed prior to
occupancy of the building.
• In accordance with Section 53 of the Ontario Water Resources Act, a certificate
of approval for sewage works will be required by the Ministry of Environment for
the extension of municipal services along the right-of-way to the satisfaction of
the Director of Engineering prior to site plan approval.
Park dedication is required for the two new lots. Based on the land use appraisal which
is Street Fronting Residential [$9,200 per metre] the dedication is for Lot A is $9,476
and for Lot B is $10,414; with the total dedication being $19,890.
The Committee considered the report of the Region of Waterloo, Planning, Housing &
Community Services, dated December 7, 2010, in which they advise that due to the
existing traffic volumes on Fischer Hallman Road (Regional Road #58) and Glasgow
Street, the developer shall prepare a Noise Study to indicate the methods to be used to
abate noise levels for the severed lots and if necessary, shall enter into a registered
development agreement with the Region of Waterloo /City of Kitchener to provide for
the implementation of the approved study.
Because a residence exists, in lieu of a noise study for the retained lot, the developer
shall enter into a registered development agreement with the Region of Waterloo /City
of Kitchener to include the following noise warning clause in all offers to purchase /sale,
deeds of rental agreements.
COMMITTEE OF ADJUSTMENT 239 DECEMBER 14, 2010
Submission Nos.: B 2010-046 & B 2010-050. cont'd
"Due to its proximity to Fischer Hallman Road (Regional Road # 58) and Glasgow
Street, projected noise levels on this property exceed the Noise Level Objectives
approved by the Regional Municipality of Waterloo and may cause concern to some
individuals."
Ms. von Westerholt advised that staff has several concerns with the proposal to create
2 new lots on this property: compatibility with the area, grade changes, removal of trees
will alter the character of the area, the lots are too irregular in shape and access to the
well via an easement is not acceptable. She advised that staff would consider one new
lot as a transition from the larger lots on one side to the smaller lots on the other side
and is willing to work with the applicant in this regard.
Mr. B. Bateman advised that staff has tried to work with the applicant regarding this
proposal and it is staff's opinion that the lotting pattern is not good planning.
Mr. S. Patterson, the applicant's planner, addressed the Committee and provided the
members with printed material in support of these applications. He addressed each of
the issues outlined in the staff report. In addressing the position of the Provincial Policy
Statement (PPS) respecting servicing, Mr. Patterson advised that the PPS permits
individual on-site sewage and water services, and the Region of Waterloo, who are
responsible for ensuring that the PPS is followed, has no concerns with these
applications.
Concerning compliance with the Region of Waterloo Official Plan, Mr. Patterson stated
that City staff has referred to the Region's new official plan which, at this time, has not
been approved; therefore, has no status. Further, if the Region had concerns with
these applications not complying with their official plan, they would have stated so in
their report. With respect to compliance with specific sections in the City's official plan,
Mr. Patterson advised that Section 1.53 of the official plan does not refer to lot sizes but
to new residential buildings; Section 1.6 is applicable to situations where a zone change
or minor variance is required, which is not the case with this proposal. Respecting Part
2, Section 4 of the official plan and private services, Mr. Patterson noted that the
retained land already has private services and the 2 new lots are proposed to be
developed with municipal services. Mr. Patterson then advised that the staff comments
concerning the incompatibility of the lot shapes is narrowly focused and consideration
should be given to a larger area which includes a smaller lot subdivision in the City of
Waterloo, directly to the west, and an existing townhouse complex to the south. The
entire area is made up of different lot sizes and shapes.
Mr. Patterson advised that his client is as concerned about loss of trees as City staff. In
this regard, his client has submitted a tree management plan that shows the loss of
fewer trees than staff has indicated. Also, the 4 trees to be removed from Lot A, as
determined in their tree management plan, are in poor to fair condition and should be
removed anyway. He advised that it is not his client's intention or in his best interest to
remove trees, as to do so will reduce the value of the lots.
Mr. Patterson made 2 further points: they have a letter from the City of Waterloo stating
that they are willing to allow access to Silver Crest Drive for Lot A; the City of Kitchener
Transportation Planning staff have no objections to these applications; and, the Building
Division has no concerns with these applications provided that the municipal sanitary
sewer is extended to service the proposed severed lots and have no concerns with the
servicing proposed for the retained land.
Ms. von Westerholt responded to Mr. Patterson's submissions by stating that they have
not given any consideration to staff's requirements. Regarding servicing, Ms. von
Westerholt stated that staff are not opposed to private services for the retained land but
are not in agreement with the proposed easement. She also advised that staff would
support the creation of 1 new lot and suggested the repositioning of the house so that
fewer trees would be lost.
COMMITTEE OF ADJUSTMENT 240 DECEMBER 14, 2010
1. Submission Nos.: B 2010-046 & B 2010-050, cont'd
Ms. von Westerholt acknowledged that there is a variety of lot sizes in this area but they
are larger lots. She also acknowledged that this area is in transition and suggested that
this parcel of land could be a buffer. She stated that the location of the existing house is
a problem in terms of creating the new lots and suggested that these applications may
be premature because the area is changing.
In response to a question from the Committee, Ms von Westerholt stated that 2 lots
could be supported but 3 lots will require the loss of trees and will change the character
of the property. Further, grading may also cause damage to the trees.
Mr. McNabb advised that there will be no grading change at the rear of the property and
houses will be constructed accordingly. He advised that he will save trees where ever
he can, and his desire to save trees has been shown in his previous work. Mr. McNabb
also advised that he has lived in this house for 10 years, so he has not rushed into this
project.
Ms. von Westerholt advised that in the PPS new development includes a severance or
a lot line change. She stated that staff accepts that the retained land has private
services; however, staff wants the well to be on the same property.
Following a discussion between the Chair, staff and Messrs. McNabb and Patterson, it
was agreed that there is a willingness on the part of the applicant and staff to do more
work on the proposal and it was agreed by all parties that consideration of these
applications be deferred to the Committee of Adjustment meeting of Tuesday February
15, 2011. The purpose of the deferral is to allow an opportunity for the applicant and
staff to further discuss lot configuration, and adjustment to the severance line so that
access to private services for the retained land becomes part of the retained land; to
submit an Application for Minor Variance, if required and to submit a revised Application
for Consent, if required.
2. Submission Nos.: B 2010-048
Applicant: Ricenberg Developments Limited
& Hightree Developments Limited
Property Location: Ottawa Street North / Lackner Boulevard
Legal Description: Part Lot 120, German Company Tract
Appearances:
In Support: None
Contra: None
Written Submissions: A. Allendorf
At the request of the applicant, the Committee agreed to defer consideration of this
application to its meeting scheduled for Tuesday February 15, 2011.
COMBINED APPLICATIONS
1. Submission Nos.: A 2010-071 & B 2010-047
Applicant: Tejram Basdeo and Radica Bissoondial
Property Location: 754 and 764 Stirling Avenue South
Legal Description: Part Lot 29, Plan 785
Appearances:
In Support: T. Basdeo
Contra: C. Love
COMMITTEE OF ADJUSTMENT 241 DECEMBER 14, 2010
1. Submission Nos.: A 2010-071 & B 2010-047, cont'd
Written Submissions: None
The Committee was advised that the applicant is requesting permission to sever a
parcel of land (754 Stirling Ave. S.) having a width on Stirling Avenue of 18.01 m
(59.08'), an average depth of 67.77m (222.34') and an area of 1.137.6 sq. m.
(12,245.42 sq. ft.). The existing and proposed use of the property is residential. The
retained land (764 Stirling Ave. S.) will have a width on Stirling Avenue of 20.376m
(66.85'), an average depth of 77.68m (254.85') and an area of 1,501.5 sq. m.
(16,162.54'). There are currently 2 residential buildings on the property and this
situation is to remain the same.
The land to be severed requires legalization of an existing carport and storage area
having a side yard of 0.44m (1.44') rather than the required 1.2m (3.93').
The Committee considered the report of the Planning Division, dated December 1,
2010, advising that the subject properties are located on Stirling Avenue South, just
south of Greenbrook Drive, and are legally described as Part Lot 29, Municipal
Compiled Plan 785. The property addressed as 764 Stirling Avenue South is occupied
by two dwellings; a house with an apartment building to the rear of the property. 754
Stirling Avenue South is occupied by a single detached dwelling. Both properties are
designated as Low Rise Residential in the City's Official Plan and zoned Residential Six
(R-6) in By-law 85-1. The rear portion of both parcels is within the Grand River
Conservation Authority's regulated area.
The subject parcels merged when the owner/applicant purchased 754 Stirling Avenue
South in 2007, and are now to be separated for mortgage purposes. The severance
proposed is to divide the two properties along the old property line that separated them
before their merger. The parcel to be retained will have a lot area of 1501.5m2, while
the severed portion will have a lot area 1111.7m2.
The applicant has also made a minor variance application to legalize the side yard
setback for the existing building at 754 Stirling Avenue South. Due to the age of the
structure, this non-complying setback would have been "grandfathered" prior to the
property merging with 764 Stirling Avenue South. The severance of these two
properties requires that both resultant parcels comply with the current zoning
regulations, and as such, the non-complying side yard setback must be recognized.
With regards to the variance requested, Planning staff offer the following comments
considering the four tests for minor variances as outlined in Section 45(1) of the
Planning Act, R.S.O., 1990 Chap. P. 13, as amended.
The Low Rise Residential designation recognizes the existing scale of residential
development and allows for a variety of low density residential uses. The existing
structure at 754 Stirling Avenue South is consistent with the policies of the Low Rise
Residential designation. Therefore, the proposed variance meets the intent of the
Official Plan.
The intent of the requirement for a minimum side yard setback is to allow adequate
separation between a residential building and the adjacent property for maintenance
and safety purposes. The carport and attached storage area are between 0.44 to 0.85
metres (1.5 to nearly 3 feet) from the side lot line, and a board fence runs from the back
corner of the attached storage area to the back property line within the property line, as
per "Detail B" on the draft survey sketch submitted with the application. Immediately
adjacent to the side property line is a 3.05 metre wide right-of-way running from Stirling
Avenue South to the Concordia Park Greenway. While staff doubts that this right-of-
way is intended to provide access in favour of 754 Stirling Avenue South, it does mean
that no structure will be permitted to be constructed less than 3.05 metres from the side
lot line. Planning staff feels that the intent of the Zoning By-law is maintained.
COMMITTEE OF ADJUSTMENT 242 DECEMBER 14, 2010
Submission Nos.: A 2010-071 & B 2010-047, cont'd
The existing carport and storage structure have been in place for more than fifty (50)
years. While the space between the existing structures and side property line is less
than today's requirements, some separation is still there, allowing for maintenance
access if required. Staff considers the variance requested to be minor.
The variance can be considered desirable for the appropriate development and use of
the subject lands - no changes are proposed to the structures, and the purpose of this
variance is to legalize the setback in order to permit the severance of this property from
the adjacent property to the south.
The Committee considered the report of the Region of Waterloo, Planning, Housing &
Community Services, dated December 8, 2010, in which they advise that the property is
identified on Map no. 6 of the Regional Official Policies Plan (ROPP) as City Urban
Area. The subject lands are adjacent to Striling Avenue and are in proximity to Homer
Watson Boulevard. Due to traffic volumes and because the residential buildings are
existing on site, in lieu of a Traffic Noise Study, a noise warning clause to advise future
purchasers that sound levels from Stirling Avenue and Homer Watson Boulevard
exceed Regional Noise Level Objectives is required. The owner shall enter into an
agreement with the City of Kitchener for the severed and retained lands to incude the
following noise warning clause in all offers to purchase /sale, deeds or rental
agreements:
"Due to its proximity to Stirling Avenue and Homer Watson Boulevard, projected noise
levels on this property exceed the Noise Level Objectives approved by the Regional
Municipality of Waterloo and may cause concern to some individuals."
The Committee considered the report of the Grand River Conservation Authority
Resource Planner, dated November 24, 2010, in which they advise that portions of the
severed and retained parcels contain lands within the erosion hazard and allowance
adjacent to this feature; consequently, the subject properties are regulated by the
GRCA under the Ontario Regulation 150/06 (Development, Interference with Wetlands
and Alterations to Shorelines and Watercourses). Any development within the
regulated areas of the properties will require a Development, Interference and
Alterations to Shorelines and Watercourses permit.
The Chair reviewed all the public agency reports with the applicant who advised that he
is in agreement with them.
Ms. Love advised that there is a laneway beside the house which actually belongs to
the 7 adjacent town houses; this laneway contains all their services. She stated that
there has been a derelict truck parked permanently in their lane, which belongs to
someone living in the subject property. It was Ms. Love's opinion that there is not
enough space for parking on the subject property. Mr. Basdeo responded that he will
have the derelict vehicle immediately towed from the laneway. Mr. Head remarked that
the lease for these Stirling Avenue properties should contain a statement that the
tenants can not park on the laneway; which belongs to the abutting townhouses. If they
do park on the laneway, their vehicle(s) will be towed away.
Submission No. A 2010-071
Moved by Mr. B. McColl
Seconded by Mr. A. Lise
That the application of Tejram Basdeo and Radica Bissoondial requesting legalization
of an existing carport and storage area having a side yard of 0.44m (1.44') rather than
the required 1.2m (3.93'), on Part Lot 29, Plan 785, 754 Stirling Avenue South,
Kitchener, Ontario, BE APPROVED.
COMMITTEE OF ADJUSTMENT 243 DECEMBER 14, 2010
1. Submission Nos.: A 2010-071 & B 2010-047, cont'd
Submission No. A 2010-071, cont'd
It is the opinion of this Committee that:
1. The variance requested in this application is minor.
2. This application is desirable for the appropriate development of the property.
3. The general intent and purpose of the City of Kitchener Zoning By-law and
Official Plan is being maintained on the subject property.
Carried
Submission No. B 2010-047
Moved by Mr. B. McColl
Seconded by Mr. A. Lise
That the application of Tejram Basdeo and Radica Bissoondial requesting permission to
sever a parcel of land having a width on Stirling Avenue of 18.01 m (59.08'), an average
depth of 67.77m (222.34') and an area of 1.137.6 sq. m. (12,245.42 sq. ft.), on Part Lot
29, Plan 785, 754 Stirling Avenue South, Kitchener, Ontario, BE GRANTED, subject to
the following conditions:
1. That the owners shall make satisfactory arrangements with the City of Kitchener
for the payment of any outstanding municipal property taxes and or local
improvement charges.
2. That the owners shall provide the Secretary-Treasurer with a digital file of the
deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg
(AutoCAd) or .dgn (Microstation) format, as well as 2 full size paper copies of the
plan(s). The digital file shall be submitted according to the City of Kitchener's
Digital Submission Standards to the satisfaction of the City's Mapping
Technologist.
3. That the owners shall retain an Architect or Engineer to complete a Building
Code assessment as it relates to the new proposed property lines and
addresses such items as: Spatial separation, unprotected openings &/or glazed
areas on existing buildings' wall faces to the satisfaction of the Chief Building
Official.
4. That the owners shall apply for and receive approval of a building permit for any
remedial work/ upgrades required by the building code assessment as described
above.
6. That the owners shall enter into a registered development agreement with the
City of Kitchener to include the following noise warning clause in all offers to
purchase /sale, deeds or rental agreements for the severed and retained lots:
"Due to its proximity to Stirling Avenue and Homer Watson Boulevard, projected
noise levels on this property exceed the Noise Level Objectives approved by the
Regional Municipality of Waterloo and may cause concern to some individuals."
7. The owners shall obtain a Development, Interference and Alterations to
Shorelines and Watercourses permit from the Grand River Conservation
Authority, if required.
COMMITTEE OF ADJUSTMENT 244 DECEMBER 14, 2010
Submission Nos.: A 2010-071 & B 2010-047, cont'd
Submission No. B 2010-047
It is the opinion of this Committee that:
1. A plan of subdivision is not necessary for the proper and orderly development of
the municipality.
2. The requirements of the Zoning By-law are being maintained on the severed
lands and the retained lands.
3. The use of the land in the application conforms to the City of Kitchener Municipal
Plan and the Regional Official Policies Plan.
Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the
above-noted conditions within one year of the date of giving notice of this decision.
Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this
Committee shall lapse two years from the date of approval, being December 14, 2012.
Carried
Submission Nos.: A 2010-070 & B 2010-049
Applicant: 2184647 Ontario Limited
Property Location: 51 Breithaupt Street
Legal Description: Lots 205 to 212, Part Lot 204, Plan 376, Part Lot 33,
Streets and Lanes. beina Part 1. Reference Plan 58R3538
Mr. D. Cybalski declared a pecuniary interest with these applications, as his company
owns land in the vicinity of the subject land and did not participate in any discussion or
voting with respect to these applications. Mr. A. Head chaired the meeting during
consideration of these applications.
Appearances:
In Support: C. Beattie
Contra: None
Written Submissions: None
The Committee was advised that the applicant is requesting permission to sever a
parcel of land having a width on King Street of 59.243m (194.36',) by a depth along
Breithaupt Street of 65.625m (215.3'), a depth along the railway of 57.282m (187.93')
and an area of 3,965.1014 sq. m. (9.78 ac.). The property will be used for offices.
The retained land will have a width on Waterloo Street of 50.146m (164.52'), a depth on
Breithaupt Street of 96.832m (317.69'), a depth along the railway of 96.371 m (316.17')
and an area of 4,861.7373 sq. m. (12 ac.). The proposed use of the property is offices.
The land to be severed has the following variance: aside yard abutting Breithaupt
Street of Om rather than the required 6m (19.68'). The land to be retained has the
following variances: a setback from Waterloo Street of Om rather than the required 6m
(19.68'); a side yard abutting Breithaupt Street of Om (19.68') rather than the required
6m (19.68') and a rear yard of Om rather than the required 7.5m (24.6'). Also, the
applicant requests permission to provide 318 parking spaces for the use of both the
severed and retained lands rather than the required 490 parking spaces.
The Committee considered the report of the Planning Division, dated December 6,
2010, advising that the subject property is located within the block bounded by King
COMMITTEE OF ADJUSTMENT 245 DECEMBER 14, 2010
Submission Nos.: A 2010-070 & B 2010-049. cont'd
Street West, Breithaupt Street, Waterloo Street, and a rail right-of-way. The property is
designated General Industrial in the City's Official Plan and zoned General Industrial
(M-2) with special use provision 36U in the City of Kitchener Zoning By-law 85-1.
Special Use Provision 36U permits the vulcanizing of rubber or rubber products and
was applied to the lands in 1987 when the property was used for industrial purposes by
a previous owner. The property is 8826.73 square metres in size and is currently
almost completely developed with industrial buildings which range in height from one to
four storeys. The buildings were constructed between 1903 and 1955 and additions,
new infill buildings, and major renovations were made in various years between 1908
and 2001. The property has recently been purchased and the new owner is proposing
to covert the majority of the existing buildings into modern commercial office space.
Parking for the future commercial office space is proposed to be provided off-site on
adjacent properties, being 20-24 Breithaupt Street as well as the existing surface
parking lot near the corner of Moore Avenue and Wellington Street North.
The property is municipality addressed as 20-24 Breithaupt Street is zoned Industrial
Residential Zone (M-1) and is currently developed with a small parking lot, a settling
pond, and two out buildings that were used by the previous owner for an industrial use.
The property is designated as General Industrial in the Official Plan and is proposed to
be redeveloped as a surface parking lot.
The property near the intersection of Moore Avenue and Wellington Street North is
currently developed as a parking lot. The property is designated as Low Rise
Residential in the Official Plan and is zoned Residential Five (R-5) in By-law 85-1. The
existing parking lot is not legal. The Applicant has applied for a zone change
application to add "Commercial Parking Facility" as a permitted use for this property, for
the exclusive use of the future tenants of 51 Breithaupt Street.
The applicant is requesting consent to sever a portion of the property that is 3965.1
square metres with 65.6 of frontage onto Breithaupt Street and 59.2 metres of frontage
onto King Street West. The retained portion of the property is proposed to be 4861.7
square metres in size with 162.5 metres of frontage onto Breithaupt Street and 50.1
metres of frontage onto Waterloo Street. The applicant is proposing partial demolitions
on the property to create two separate buildings, one on the retained parcel and one on
the several parcel.
The Owner has filed a site plan application for the retained lands to redevelop the
existing building into a commercial offices complex. The Owner has also filed a site
plan application for 20-24 Breithaupt Street to develop a commercial parking facility for
the future office tenants.
The proposed redevelopment of the property includes partial demolition of some of the
additions and infill buildings located on the 51 Breithaupt Street property, full demolition
of the out buildings located at 20-24 Breithaupt Street, and for the development of two
off-street parking lots on adjacent properties. The property addressed as 51 Breithaupt
Street is proposed to be severed and developed as two separate office complexes.
The Provincial Policy Statement (PPS) provides policy direction on matters of provincial
interest related to land use planning and development. The PPS sets the policy
foundations for regulating the development and use of land. The key objectives include:
building strong communities; wise use and management of resources; and protecting
public health and safety. In that regard, this proposal conforms with the PPS as it is a
way of creating development that is not disruptive to the neighbourhood while utilizing
existing infrastructure.
With respect to the criteria for the subdivision of land listed in Section 51(24) of the
Planning Act, R.S.O. 1990, c.P.13, the uses of both the severed and retained parcels
are in conformity with the City's Official Plan, the dimensions and shapes of the
proposed lots are appropriate and suitable for the existing use of the lands, and the
COMMITTEE OF ADJUSTMENT 246 DECEMBER 14, 2010
Submission Nos.: A 2010-070 & B 2010-049. cont'd
lands front on an established public street. The severed and retained lots will exceed
the requirements of By-law 85-1 and each property will have frontages onto two streets.
The overall redevelopment of the site will have a very positive impact on the
surrounding community. The plan calls for the redevelopment of vacant former
industrial building into modern commercial office spaces. The consent is required in
order to allow for the redevelopment of the property into two manageable projects. The
infill buildings and metal-clad additions that are currently located where the proposed
consent line is located are proposed to be demolished. The Owner has received
approval of a Heritage Impact Assessment which evaluated the proposed partial
demolitions.
The nearby neighbourhood contains a mix of dwelling types including single and semi-
detached dwellings, and some triplex buildings, on varying lot sizes. The lands are fully
serviced and a majority of the new construction that is proposed will be cosmetic or
within the interior of the building. The commercial office use within the existing building
is an appropriate development for the neighbourhood and acts as a buffer between the
residential neighbourhood and the rail right-of-way. As a result of the severance and
the partial demolitions, the existing building(s) will lose their legal nonconforming status
that currently exists at this time. As a result, several minor variances are requested by
the applicant to legalize the resultant buildings, once the demolitions take place and the
requested consent receives final approval.
The applicant is also requesting relief from the City's off-street parking requirements to
reduce the number of required parking spaces for the development.
In addition to the consent application, the Applicant has submitted a minor variance
application for the following:
• Relief from Section 20.3.1 of the City's Zoning By-law 85-1 to allow for a side yard
abutting a street with a setback of 0.0 metres whereas 6.0 metres is required for the
severed lands.
• Relief from Section 20.3.1 of the City's Zoning By-law 85-1 to allow for a front yard
setback of 0.0 metres whereas 6.0 metres is required for the retained lands.
• Relief from Section 20.3.1 of the City's Zoning By-law 85-1 to allow for a rear yard
setback of 0.0 metres whereas 7.5 metres is required for the retained lands.
• Relief from Section 20.3.1 of the City's Zoning By-law 85-1 to allow for a side yard
abutting a street with a setback of 0.0 metres whereas 6.0 metres is required for the
retained lands.
The above noted variances are required due to the proposed demolitions of portions of
the existing building. If the consent is approved, a new lot will be created and the legal
location of the side, front, and rear yards will change, as defined in the City's Zoning By-
law.
In considering the four tests for minor variances for the four requested yard setbacks as
outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended,
Planning staff offer the following comments;
The variances meet the intent of the Official Plan. Lands that are designated as
General Industrial act as a buffer or transition area between more intensive industrial
uses and residential uses. They may also function as mixed industrial residential areas
which could provide locational opportunities for small "incubator" industries. The
redevelopment of the property with a new commercial office use within the existing
building will act as a transition area between the adjacent residential neighbourhood
and the rail right-of-way, a Primary Arterial Road (Victoria Street North), and the
COMMITTEE OF ADJUSTMENT 247 DECEMBER 14, 2010
Submission Nos.: A 2010-070 & B 2010-049. cont'd
downtown. The redevelopment of the property within the existing built form maintains
employment lands in close proximity to a residential neighbourhood and the downtown.
The variance meets the intent of the Zoning By-law as the intent of front, side, and rear
yards is to allow for amenity and landscaping areas. The existing buildings have been
legally built with a 0.0 metres setback from the street and the rail right-of-way. The
existing building occupies the entire block, bounded on three sides by City streets. The
demolitions proposed in conjunction with the redevelopment of the property will create
interior areas for private and public courtyards. This will be used as the amenity areas
for the public and office tenants. A majority of the parking will be located off-site and
there is no lot coverage maximum in By-law 85-1 for lands zoned General Industrial (M-
2).
The variance is considered minor as the intent of the yard variances are to legalize an
existing situation. The side, rear, and front yards will loose their legal non-conforming
status if the consent is approved, as the legal location of the side, front, and rear yards
will change.
The variance is appropriate for the development and use of the land as the intent of the
variance is to legalize an existing situation within an established neighbourhood and no
adverse impacts are anticipated as a result of the variance.
Relief is being sought from Section 6 of the City's Zoning By-law 85-1 to allow for 318
off-street parking spaces whereas 490 parking spaces are required. The design of the
parking facilities is subject to site plan review, and the actual number of approved
spaces may differ from the 318 spaces indicated. Therefore Transportation Planning
recommends that the variance be granted for 305 parking spaces rather than 310, so
that changes as a result of site plan will not result in the need for additional variances.
In considering the four tests for minor variances for the reduction in off-street parking
from the required 490 to 305 as outlined in Section 45(1) of the Planning Act, R.S.O.,
1990 Chap. P. 13, as amended, Planning staff offer the following comments;
The requested variances meet the intent of the Official Plan. The subject property is
designated as Low Rise Residential in the City's Official Plan. The Low Rise
Residential designation recognizes the existing scale of residential development and
allows for a variety of low density residential uses. The City's Official Plan makes
provisions to recognize an existing use, where a site specific zone change will
incorporate specific and appropriate regulations for the use. In order for the parking lot
to be compatible with the Official Plan, the Owner has applied for a zone change
application to change the zoning by adding "Commercial Parking Facility" as a permitted
use for this property. If approved, the Owner will be required to enter into an off-site
parking agreement to legally bind the parking lot on the subject property with the future
office building(s) at 51 Breithaupt Street.
The intent of the parking regulations is to ensure that adequate off-street parking to
accommodate the parking needs of the use is provided. Transportation Planning has
reviewed this application and has no concerns with the proposed reduction in parking
requirements, as Transportation Planning has worked extensively with the applicant to
maximize the number of parking stalls on site. Located on the fringe of the downtown,
and being well serviced by both traditional Transit, and the future Rapid Transit line,
Transportation Planning is confident that the modal split for this facility will be similar to
that of a traditional downtown office building. If this building were within the downtown
boundary, then the parking supply requirements would be achieved and exceeded.
The variance is minor because the Applicant has agreed to a Transportation Demand
Management (TDM) program as discussed in the Transportation Planning Comments
section of this report. By employing the TDM measures about, the Developer is able to
mitigate any deficiencies that may arise as a result of the parking variance.
COMMITTEE OF ADJUSTMENT 248 DECEMBER 14, 2010
Submission Nos.: A 2010-070 & B 2010-049. cont'd
The variance is considered desirable and appropriate for the development and the use
of the land. The parking spaces are proposed on two underutilized properties adjacent
to 51 Breithaupt Street. The two new parking lots, in conjunction with the TDM
measures, will be able to accommodate all of the parking requirements of the
commercial office buildings, without demolishing any residential buildings or any non-
residential buildings that are currently in use.
The Committee considered the report of the Region of Waterloo, Planning, Housing &
Community Services, dated December 8, 2010, in which they advise that the property is
identified on Map no. 6 of the Regional Official Policies Plan (ROPP) as City Urban
Area. At this location, Regional Road No. 15 (King Street West) has an existing road
allowance width of 70.87 feet (21.6 metres) and a ROPP designated width of 86 feet
(26. 21 metres). Therefore, a (86-70.87/2 = 7.5) 7.5 foot (2.31 metre) road widening
across the entire frontage on King Street West (up to 0.3 metres from the building face)
is required prior to final approval. A 50 foot (7.62 metre) daylighting triangle at the
intersection of King Street West (Regional Road No. 15) and Breithaupt Street will also
be required prior to final approval.
The Committee and staff reviewed the recommended conditions in the staff report and
the following changes were made: condition no. 4 for A 2010-070 was deleted and
Submission No. B 2010-049 was amended to include a 3m wide easement for
maintenance, subject to a joint maintenance agreement; and, a letter of understanding
or acknowledgement will satisfy condition no. 3 for A 2010-070. Respecting B 2010-
049, condition no. 5 was removed.
The Chair questioned the off-site parking spaces and Ms. von Westerholt advised that a
discussion is taking place with the adjacent property owner respecting additional
parking. Ms. von Westerholt then compared this parking situation to that which had
taken place with the Lang Tannery. The Chair commented that the zone change for the
parking lot has not been finalized. Mr. G. Stevenson advised that the owner has
applied for a zone change to allow a commercial parking lot; however, the zone change
can not be finalized until the site plan has been approved and the site plan can not be
approved until this Committee has approved the parking reduction. Further, there will
be a Transportation Demand Management reduction of 29% and those measures must
be shown on the site plan. Ms. von Westerholt advised that this project is in an urban
environment and the parking reduction will be off-set through the potential upgrade in
the public transit system and Transportation Demand Management initiatives. This
property is just outside of the downtown zone and when the City's Official Plan is
updated, this property will be included in the Warehouse District.
Submission No. A 2010-071
Moved by Mr. B. McColl
Seconded by Mr. A. Lise
That the application of 2184647 Ontario Limited requesting permission for a side yard
abutting Breithaupt Street of Om rather than the required 6m (19.68') for the land to be
severed; a setback from Waterloo Street of Om rather than the required 6m (19.68'); a
side yard abutting Breithaupt Street of Om (19.68') rather than the required 6m (19.68')
and a rear yard of Om rather than the required 7.5m (24.6'), for the retained land; and,
permission to provide 318 parking spaces for the use of both the severed and retained
lands rather than the required 490 parking spaces, on Lots 205 to 212, Part Lot 204,
Plan 376, Part Lot 33, Streets and Lanes, 51 Breithaupt Street, Kitchener, Ontario, BE
APPROVED, subject to the following conditions:
1. That the owner shall retain an Architect or Engineer to complete a building code
assessment as it relates to the new proposed property lines and addresses such
items as; spatial separation and unprotected openings on existing building's wall
face to the satisfaction of the Chief Building Official.
COMMITTEE OF ADJUSTMENT 249 DECEMBER 14, 2010
Submission Nos.: A 2010-070 & B 2010-049, cont'd
Submission No. A 2010-071, cont'd
2. That the owner shall obtain a building permit from the Building Department for
any remedial work/ upgrades required by the building code assessment required
in condition no. 1.
3. That the owner shall obtain a letter of understanding/acknowledgement from the
adjacent rail authority for emergency and maintenance access, to the
Satisfaction of the Manager of Development Review.
4. The owner shall enter into an off-site parking agreement to the satisfaction of the
City's Director of Transportation Planning.
5. The owner shall receive approval in principle for the design and layout of the
parking lot(s), to the Satisfaction of the Supervisor of Site Plan Development.
It is the opinion of this Committee that:
1. The variance requested in this application is minor.
2. This application is desirable for the appropriate development of the property.
3. The general intent and purpose of the City of Kitchener Zoning By-law and
Official Plan is being maintained on the subject property.
Carried
Submission No. B 2010-049
Moved by Mr. B. McColl
Seconded by Mr. A. Lise
That the application of 2184647 Ontario Limited requesting permission to sever a parcel
of land having a width on King Street of 59.243m (194.36',) by a depth along Breithaupt
Street of 65.625m (215.3'), a depth along the railway of 57.282m (187.93') and an area
of 3,965.1014 sq. m. (9.78 ac.), subject to a 3m (9.84') wide maintenance easement
immediately adjacent to the rear wall of the building on the retained land, to the benefit
of the retained land, on Lots 205 to 212, Part Lot 204, Plan 376, Part Lot 33, Streets
and Lanes, 51 Breithaupt Street, Kitchener, Ontario, BE GRANTED, subject to the
following conditions:
1. That the owner shall receive final approval of all minor variances requested in
Submission No. A 2010-070.
2. That the owners shall make satisfactory arrangements with the City of Kitchener
for the payment of any outstanding municipal property taxes and or local
improvement charges.
3. That the owners shall provide the Secretary-Treasurer with a digital file of the
deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg
(AutoCAd) or .dgn (Microstation) format, as well as 2 full size paper copies of the
plan(s). The digital file shall be submitted according to the City of Kitchener's
Digital Submission Standards to the satisfaction of the City's Mapping
Technologist.
4. That the owner shall make financial arrangements to the satisfaction of the City's
Engineering Services, for the installation of: all new service connections, new
curb and gutter, and a paved driveway ramp on the severed lands if required.
COMMITTEE OF ADJUSTMENT 250 DECEMBER 14, 2010
Submission Nos.: A 2010-070 & B 2010-049, cont'd
Submission No. B 2010-049, cont'd
5. That the owners of the severed and retained lands shall enter into a joint
maintenance agreement for the maintenance easement on the severed land,
which shall be in a form satisfactory to the City Solicitor and registered on title of
both the severed and retained lands.
6. That the owner shall convey, at its expense, a 7.5 foot (2.13m) road widening
across the severed parcel frontage of King Street West (Regional Road No. 15)
to the Regional Municipality of Waterloo up to 0.3 meters from the building face;
with the owner providing a registered deed for the road widening and a mylar
copy of the registered reference plan to the Region.
7. That the owner shall convey, at its expense, a 25 foot (7.62 meter) daylighting
triangle at the intersection of King Street West (Regional road No. 15) and
Breithaupt Street, to the Regional Municipality of Waterloo; with the owner
providing a registered deed for the road widening and a mylar copy of the
registered reference plan to the Region.
It is the opinion of this Committee that:
1. A plan of subdivision is not necessary for the proper and orderly development of
the municipality.
2. The requirements of the Zoning By-law are being maintained on the severed
lands and the retained lands.
3. The use of the land in the application conforms to the City of Kitchener Municipal
Plan and the Regional Official Policies Plan.
Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the
above-noted conditions within one year of the date of giving notice of this decision.
Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this
Committee shall lapse two years from the date of approval, being December 14, 2012.
Carried
ADJOURNMENT
On motion, the meeting adjourned at 12:00 noon.
Dated at the City of Kitchener this 14th day of December, 2010.
Dianne H. Gilchrist
Secretary-Treasurer
Committee of Adjustment